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04-12-2017Citof Ed ewater N. Riverside Drive y Ed g Edgewater, FL 32132 Ci'5' of AGE [WATER Meeting Agenda Planning and Zoning Board Wednesday, April 12, 2017 6:30 PM Council Chambers We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES a. Special Meeting - February 22, 2017 Attachments: Minutes b. Regular Meeting - March 8, 2017 Attachments: Minutes 4. OLD BUSINESS -PUBLIC HEARING None at this time 5. NEW BUSINESS - PUBLIC HEARING a. VA-1702 - John & Kimberly Mitchum reauestina a variance from Section 21-38.02(d of the Land Development Code for property located at 3408 Unity Tree Drive. Attachments: Location Map Aerial Plan Photo Photo b. VA-1703 - Martin and Pamela Hunt. reauestina variances from Section 21-50.02 of the Land Development Code for property located at 1321 S. Riverside Drive. Attachments: Location Map Aerial Site Plan City of Edgewater Page 1 Printed on 41712017 Planning and Zoning Board Meeting Agenda April 12, 2017 C. CPA-1704 - The Citv of Edaewater reauestina an amendment to the Future Land Use Map to change .34± acres of property located at 2129 Umbrella Tree Drive from Low Density Residential to Recreation. Attachments: Location Map Aerial Future Land Use Map Memorandum of Understanding d. RZ-1704 - The Citv of Edaewater, reauestina an amendment to the Official Zonin Map to change .34± acres of land located at 2129 Umbrella Tree Drive from R-2 (Single Family Residential) to R (Recreation). Attachments: Location Map Aerial Zoning Map Memorandum of Undestanding e. TA-1701 - Amending the Land Development Code; Articles II, III, V and VI Attachments: ARTICLE II -pages ARTICLE III -pages ARTICLE V-pages ARTICLE VI -pages 6. OTHER BUSINESS None at this time. 7. DISCUSSION ITEMS a. Development Services Director's Report b. Chairman's Report c. Agency Members' Report & ADJOURN City of Edgewater Page 2 Printed on 41712017 Planning and Zoning Board Meeting Agenda April 12, 2017 Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk/Paralegal Robin L. Matusick, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771 One or more members of City Council or other advisory boards may be present. City of Edgewater Page 3 Printed on 41712017 C il}, of -Ep GE,WATER Wednesday, February 22, 2017 1. CALL TO ORDER City of Edgewater Meeting Minutes Planning and Zoning Board 6:30 PM Special Meeting Chairman Card called the Special Meeting to order at 6: 30 p.m. 2. ROLL CALL 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers Present 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright and Michael Eichhorn Also Present 2 - Development Services Director Darren Lear and Senior Planner Bonnie Brown 3. NEW BUSINESS - PUBLIC HEARING a. AN-1701 - Parker Mynchenberg requesting annexation of 48.5f acres of land located at 100 Whaler Way and approval of the associated Annexation Agreement. Chairman Card opened the public hearing. Mr. Lear provided background information and staffs recommendation. Mr. Lear advised the board of the "big" picture regarding the items. He described the exisitng Boston Whaler site, the proposed additional development and the proposed development for the 60-acres to the north. He stated there will be a tree preservation area adjacent to Hacienda Del Rio, which wil be placed in a Conservation Easement. Mr. Lear stated also being heard will be the annexation of Hacienda Del Rio to the north of Boston Whaler. He added that Boston Whaler respresentatives and City staff met with the homeowners last night to discuss the annexation. Parker Mynchenberg, 1729 Ridgewood Avenue, discussed the annexation of the Boston Whaler property. He stated the property to the north was currently in the City and it made sense to develop that parcel. He added that working with Boston Whaler and City staff they came up with the idea to move the parking and stormwater to the 60-acres and have a buffer between the residences and the industrial property. He stated this was win -win for everyone. Chairman Card advised the Board that discussion would be limited at this time to the annexation of the Boston Whaler property. Glenn Storch, 403 Nova Road, he stated he has represented the owners of Hacienda Del Rio for 30 plus years. He stated they support the annexation and the proposed development was really something special. City of Edgewater Page 1 Printed on 41512017 Planning and Zoning Board Meeting Minutes February 22, 2017 Georganne Keller, 137 El Tigre, spoke in support of the annexation. Mr. Andrejkovics supported the annexation. There be no further discussion Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. McIntosh, to send a favorable recommendation to City Council for the annexation of 48.5E acres of land looated at 100 Whaler Way and approval of the associated Annexation Agreement. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn b. CPA-1702 - Parker Mynchenberg requesting an amendment to the Comprehensive Plan Future Land Use Map to include 48.5E acres of land located at 100 Whaler Way as Industrial. Chairman Card opened the public hearing. Mr. Lear provided further detail of the proposed amendment. Parker Mynchenberg, applicant stated the request was straightforward. There being no further discussion Chairman Card closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Tyree, to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 48.5t acres of land located at 100 Whaler Way as Industrial. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn C. RZ-1702 - Parker Mynchenberg requesting an amendment to the Official Zoning Map to include 110.5E acres of land located at 4115 S. Ridgewood Avenue and 100 Whaler Way as MUPUD (Mixed -Use Planned Unit Development) and approval of the associated MUPUD Agreement. Chairman Card opened the public hearing. Mr. Lear discussed the MUPUD agreement in further detail and stated it includes the Boston Whaler property and the 60-acres to the north. Parker Mynchenberg, applicant, discussed details of the development phases and other development aspects of the site. Glenn Storch, 402 N. Nova Road, discussed the former concrete plant on the 60-acres and how the proposed development will be a great buffer for both the residences and Boston Whaler. He added that he could not think of a better plan for the property. Mr. Andrejkovics spoke of the concerns residents in Edgewater Lakes have with the entrances on US City of Edgewater Page 2 Printed on 41512017 Planning and Zoning Board Meeting Minutes February 22, 2017 1. Mr. Mynchenberg stated they are working on a traffic study. He stated the full intersection at Boston Whaler will remain, a new entrance will be on the 60-acres and have a left in, but not a left out. He added that they were only in the design stage at this time. He stated they were previously asked about a signal at Hacienda, but did not think it would be warranted at this time, however FDOT makes the determination. Mr. Lear added that City staff will be speaking with FDOT regarding the full opening and further discussed the entrances. Mr. Wright asked if once the development was started would it be a possibility to close the exisitng full intersection and entrance. Mr. Mynchenberg stated that would need to remian due to the tractor trailer traffic entering Boston Whaler. Mr. Andrejkovics asked about the aesthetics of the block wall. Mr. Mynchenberg described the aesthetics of the wall, adding that it would be nicer than a plain block wall. Mr. McIntosh verified the acreage of the property and maximum building height. Mr. Mynchenberg stated they were only at zoning, however they were not planning on the Boston Whaler site exceeding two -stories. He added that the commercial portions may be higher, they were looking for flexibility for future development. Mr. Storch responded regarding the entrances at Hacienda and Edgewater Lakes, he stated the agreement for Hacienda references the entrances and that may aleviate Mr. Andrejkovics' concerns. Mr. McIntosh asked about dry docks on the 60-acres; Mr. Lear stated there were none planned. Chairman Card discussed his history with the 60-acres and stated he was very pleased to see a responsible development plan for the property and that he fully supported the project. He also stated he was happy there will be relief for the boat traffic at Kennedy Park. He added that previous projects did not have a good buffer on the property. There being no further discussion Chairman Card closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to inlcude 110f acres of land located at 4115 S. Ridgewood Avenue and 100 Whaler Way as MUPUD and approval of the associated MUPUD Agreement. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn d. AN-1702, Glenn D. Storch requesting annexation of 156.9± acre of land located east of S. Ridgewood Avenue at Rio Grande, known as Hacienda Del Rio and approval of the associated Annexation Agreement. Chairman Card opened the public hearing. Mr. Lear provided background information and staffs recommendation. He stated the property will maintain County zoning at this time and will come back later possibly with a PUD Agreement. City of Edgewater Page 3 Printed on 41512017 Planning and Zoning Board Meeting Minutes February 22, 2017 Glenn Storch, applicant, he stated this property is a gem and discussed the associated Annexation Agreement. He stated they could not be prouder to become a part of the City of Edgewater. Mr. Andrejkovics welcomed the residents into the City. He added that the two annexations are a tremendous piece of the positive future of Edgewater. Mr. Wright asked if the southern entrance would be opened. Mr. Storch stated the Annexation Agreement allows for the opening of the second entrance; and it would be included in the PUD Agreement. Chairman Card asked what type of separation there was between Hacienda and the public portion. Mr. Lear stated there was a six-foot (6) fence. Chairman Card was concerned about the security at the storage area and wanted to make sure both properties were protected from intrusion. Mr. Storch stated that any issues will be addressed. Georganne Keller, stated they were in the process of fixing the fence, but there needs to be more than just a buffer to protect thier properties from intrusion. Mr. Lear stated being in the City police response is approximatley four (4) minutes. Mr. Storch stated the 60-acres has been bank owned and vacant for many years. Once Boston Whaler purchases the property and it is developed much of the security concern should be alleviated. There being no further discussion Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Tyree, to send a favorable recommendation to City Council for the annexation of 156.9f acres of land known as Hacienda Del Rio. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhom e. CPA-1703, Glenn D. Storch requesting an amendment to the Comprehensive Plan Future Land Use Map to include 156.9t acre of land located east of S. Ridgewood Avenue at Rio Grande, known as Hacienda Del Rio as Medium Density Residential. Chairman Card opened the public hearing. Mr. Lear provided background and staffs recommendation. There being no further discussion Chairman Card closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 156.9f acres of land known as Hacienda Del Rio as Medium Density Residential. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 4. ADJOURN City of Edgewater Page 4 Printed on 41512017 Planning and Zoning Board Meeting Minutes February 22, 2017 There being no further business to discuss the meeting adjourned at 7:16 p.m. Minutes respectfully submitted by: Bonnie Brown, Senior Planner City of Edgewater Page 5 Printed on 41512017 C il}, of -EDGEWATER Wednesday, March 8, 2017 1. CALL TO ORDER 2. ROLL CALL City of Edgewater Meeting Minutes Planning and Zoning Board 6:30 PM 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers Present 6 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree and Michael Eichhorn Excused I - Paul Wright Also Present 2 - Development Services Director Darren Lear and Senior Planner Bonnie Brown 3. APPROVAL OF MINUTES a. Regular Meeting - February 8, 2017 A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to approve the minutes of February 8, 2017, with the corrected date of the Edgewater Expo being March 25, 2017. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, and Michael Eichhorn Excused: 1 - Paul Wright 4. OLD BUSINESS -PUBLIC HEARING None at this time 5. NEW BUSINESS - PUBLIC HEARING a. RZ-1401 - Don Simms, requesting an amendment to the Official Zoning Map to include 30f acres of land located south of Roberts Road and east of Indian River Elementary School as RPUD (Residential Planned Unit Development) and approval of the associated RPUD Agreement Chairman Card opened the public hearing. Mr. Lear provided background information on the request as well as locations of subdivisons within the City that are similar to the proposed development. Mr. Lear stated staff did recommend approval of the request. Don Simms, owner, provided the background of the property and the many changes he has made over the years to the proposed development leading him to where they are today. Mr. Lear showed a sample of the types of houses that could be developed on 50 foot lots. Naomi Calabrese, 324 Pine Breeze Drive, spoke against the location of the entry to the development. City of Edgewater Page 1 Printed on 41512017 Planning and Zoning Board Meeting Minutes March 8, 2017 Chairman Card indicated a four-way stop is a possibility at the new intersection. Ms. Calabrese asked about a light. Mr. Lear stated a warrant study would need to be completed and did not think the number of trips would warrant a light. Mr. Lear stated the optimal design was a four-way intersection. Jocelyn Larochelle, 102 San Remo Drive, spoke of her concern with the distance between the properties, maintenance of her fence and if two-story homes were permitted. Mr. Lear specified the setback and Chairman Card stated he assumed there would be some two-story homes. William Gintz, 203 Meadow Lake Drive, requested the lots be wider and voiced his concerns with traffic. Joe Palinsky, 106 San Remo Drive, spoke against 50 foot lots abutting San Remo and suggested the lots be larger. Tom Weir, 114 San Remo Drive, asked about various restrictions that would be imposed by the HOA. Mr. Lear specified the types of restrictions that are normally in the covenants. Mr. Simms stated the restrictions will be very strict and stated that he could not change the size of the lots. He added that once the development is complete it will raise the property values in the area. Joseph Palinsky, 106 San Remo Drive, spoke against 50 foot lots being behind him and suggested 75 foot to 80 foot lots. Dolores Gintz, 203 Meadow Lake Drive, felt the developer should conform to the lots in the area and have fewer homes. Carmella Lands, 201 Meadow Lake Drive, spoke against the location of the entrance and concern with the current traffic. Sharon Conner, 118 San Remo Drive, spoke against the development going in and the possibility of two-story homes and 50 foot lots. Mr Tyree asked how close the homes in San Remo were to the rear property line and the proposed rear setback for Woodbridge Lakes. Mr. Lear stated the PUD Agreement indicates 1 S feet and was unsure of San Remo's setbacks. Mr. Tyree asked if it was possible for a tree buffer and if there would only be one entrance. Mr. Lear stated there would be only one (1) entrance. William Gintz, 203 Meadow Lake Drive, asked why he was not notified of the meeting. Mr. Lear stated adjacent property owners were notified. Chairman Card stated the Homeowners Association was also notified. He further stated he verified today that the letters were sent. Joe Palinsky, 106 San Remo Drive, stated a larger home could be put on a larger lot abutting San Remo. City of Edgewater Page 2 Printed on 41512017 Planning and Zoning Board Meeting Minutes March 8, 2017 Charlene Giovanniello, 110 San Remo Drive, clarified the rear setback. There was additional discussion regarding setbacks in other areas within the City. Jocelyn Larochelle, 102 San Remo Drive, asked about a tree buffer to give them privacy. Mr. Eichhorn commented on the request for larger lots. He stated larger two-story home could potentially go on the larger lots also. Mr. Simms stated homes have already been designed and the builders want 50foot lots. Mr. Simms stated he was concerned because he is zoned for apartments and could do up to 240 units. He stated the correct way to design the entry was across from one another. Mr. Andrejkovics asked if there was a possibility of a buffer. Mr. Simms stated the landscape design is pretty strong and there will be landscaping at the front but could not say where the builders will put trees on the lots. He added that he has always been careful with the fence along San Remo any time he has cleaned up the property. A resident on Pine Breeze (name inaudible), felt it would make more sense to move the entrance. Mr. Lear stated proper traffic design was to have the entrances align and not have jogs between intersections. Mr. Kennedy, stated Mr. Simms currently could construct 240 apartments, however the proposal is for 103 single family units and felt the development would be an asset. Mr. Andrejkovics, stated he was the president of the Edgewater Lakes HOA where there are mostly SO foot lots and it has increased their property value, he added that the resale value is very strong. He did not feel this would be a deterrent. He reiterated that the property is currently zoned to allow apartments and felt the proposed plan was very attractive. Chairman Card stated he was very familiar with Meadow Lakes. He stated he was surprised when he got his packet and found a development was being proposed across the street. He appreciates that there are 80 foots lots in Meadow Lakes. He stated he talked to people in Fisherman Cove and Coral Trace and asked why they were buying there. He was told the residents did not want large lawns to maintain. Chairman Card stated it would be difficult on small lots to park boats and/or cars in the rear of the property. He added that he spend quite a bit of time researching this and now supports the project. He stated his only concern was to make sure the entrance was safe. Chairman Card added that Florida Shores is an example of poor planning and this proposal has been done very well. There being no further discussion Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, recommendation to City Council for the inlcude 30f acres of land located south second by Mr. McIntosh, to amendment to the Official of Roberts Road and east send a favorable Zoning Map to of Indian River Elementary School as RPUD and approval of the associated RPUD Agreement. The MOTION was APPROVED by the following vote: City of Edgewater Page 3 Printed on 41512017 Planning and Zoning Board Meeting Minutes March 8, 2017 Yes: 6 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, and Michael Eichhorn Excused: 1 - Paul Wright b. CPA-1701: Rajesh Ailani requesting an amendment to the Comprehensive Plan Future Land Use Map to include 2.57t acres of land located at 2010 S. Ridgewood Avenue and vacant property to the north and west as Commercial with Conservation Overlay. Chairman Card opened the public hearing. Mr. Lear provided background information and explained the proposed development. He advised the Board this item and the next were related. Glenn Storch, 403 S. Nova Road, Daytona Beach, stated Adult Living Facilites (ALF) were a tremendous asset to the community, they have limited impact to the neighborhoods and high base for job creation. He added that Dr. Ailani has an excellent track record, the facility he just completed in New Smyrna is excellent and this will be similar. Mr. Storch stated there is a massive need for ALF's in this area. Mr. Andrejkovics stated he was estatic that this was happening and he is a proponent of the development. Chairman Card stated this would be a great improvement to the area. Mr. Storch stated this facility would also be called Brilliance. He added that staff was wonderful in getting this done and quickly. There being no further discussion Chairman Card closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to inlcude 2.57f acres of land located at 2010 S. Ridgewood Avenue and the vacant property to the north and west as Commercial with Conservation Overlay. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, and Michael Eichhorn Excused: 1 - Paul Wright C. RZ-1701: Rajesh Ailani requesting an amendment to the Official Zoning Map to include 9.09t acres of land located at west of S. Ridgewood Avenue, south of Pine Avenue, including 2010 S. Ridgewood Avenue and 2018 S. Ridgewood Avenue as BPUD (Business Planned Unit Development) and approval of the associated BPUD Agreement. Chairman Card opened the public hearing. Mr. Lear provided background information on the request and specified some of the criteria set forth in the PUD Agreement. He stated there is a very large need for Adult Living Facilities. City of Edgewater Page 4 Printed on 41512017 Planning and Zoning Board Meeting Minutes March 8, 2017 Mr. Andrejkovics asked if there was a start date. Mr. Storch stated there was not one at this time, but expects Dr. Ailani to move very quickly. There being no further discussion Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Tyree, to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to inlcude 9.09t acres of land loacted west of S. Ridgewood Avenue, south of Pine Avenue, including 2010 S. Ridgewood Avenue and 2018 S. Ridgewood Avenue as BPUD and the approval of the associated BPUD Agreement. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, and Michael Eichhorn Excused: 1 - Paul Wright d. CU-1701 - George Hackney, Inc., requesting a Conditional Use Permit to allow a medical marijuana dispensary to be located at 103 E. Boston Road. Mr. Lear provided background information; he added that the Board recommended approval of the medical marijuana dispensary Land Development Code text amendments and Council recently approved language in the Land Development Code which specified where dispensaries were permitted in the City. Mr. Lear stated the applicant is registered with the Florida Department of Health and currently operates three (3) dispensaries within the State. He stated there are several steps to become a nursery and dispensary. He stated this application is for the location south of S.R. 442, which meets the criteria set forth in the Land Development Code. Mr. Lear also stated the conditions the Technical Review Committee recommended with approval. Chairman Card stated he was concerned with security to keep people from wandering into the nearby neighborhoods. Mr. Lear showed the aerial of the wall behind the property surrounding the large retention area. Chairman Card opened the public hearing. Ben Atkins, George Hackney, Inc., introduced himself and advised the Board that he owned one of the largest senior housing companies in the Country. He explained how the company got into the business of medical marijuana and described the clientele and the process for a patient to obtain a prescription. He informed the Board that the average age of their clientele is well into their sixties. He gave some examples of the difference made in peoples lives. He stated it is medicinal, it is not designed for what teenagers are looking for. The typical product is a capsule and oral syringe. Mr. Atkins stated the facility is a mix between a spa and a medical facility. They do have armed guards, mainly because they are a new business in Florida and communities have expressed concern. Mr. Kennedy asked what the anticipated traffic would be. Mr. Atkins stated typically 10-50 per day, they also do home delivery and that is well used. He stated there are also a lot of parents of children with epilepsy who will come in. He added that typically the prior military clientele have PTSD and have come back from the Middle East. City of Edgewater Page 5 Printed on 41512017 Planning and Zoning Board Meeting Minutes March 8, 2017 Sandra Madowski, 1920 S. Riverside Drive, asked if they were using the whole building. Mr. Atkins stated one unit. Ms. Madowski asked about plans for sidewalks along Boston Road. Mr. Lear stated it was in bicycle/pedestrian master plan but did not know when they would be constructed. Joe Palinski, 106 San Remo Drive, felt it would be a good business for the community. Dave McClure, 420 Bouchelle Drive, owner of the property to the north spoke in favor of the benefit of medical marijuana but stated he has a problem with trespassing and homeless people in the area. He is concerned the dispensary will have a negative impact on his business. He also has concerns about parking and the hours of operation. He thought it might be better served in an Industrial area. Mr. Atkins stated their actual hours are 10: 00 am to 7: 00 pm; the City has already made a decision on zoning. He stated their dispensary in Tampa is on a main arterial and the location in Tallahassee is around the corner from the Capitol. He added that their intent is to make a comfortable setting for their clients and add value to the area. Brenda West, 1914 S. Riverside Drive, asked if their would be security cameras. Mr. Atkins stated there would be security cameras. Mr. Eicchorn asked if there has been an issue with break-ins at thier other faciliites. Mr. Atkins stated there has never even been an attempt. He further discussed many of the positive experiences they have had. Mr. Eichhorn noted that it was important to state that this is medically prescribed. Mr. Atkins stated that was correct and discussed further the process a patient has to go through to obtain a prescription. Liz Gargano, 420 Bouchelle Drive, New Smyrna Beach, asked if there would be a sign. Mr. Atkins stated the sign would be the name and logo, inside there will be signage stating "dispensing relief naturally". Mr. Tyree asked Mr. Atkins about clients smoking on site. Mr. Atkins stated in the State of Florida smoking the product is illegal, the product can be vaporized, their most popular product is a capsule. Mr. Andrejkovics appreciated the explanation of the process for patients, doctors and dispensaries. Mr. Atkins spoke about the cost and time to obtain a prescription and how it is not suitable for tourists or teenagers. He stated that the trend is moving away from addictive medications and more towards the medical marijuana. Mr. Tyree stated he would like to see a better location for the company with more parking. Mr. Atkins stated there are very few locations that would apply due to the required distance from a church or school. He added that they felt the location will work well as it is somewhat private. Chairman Card thanked Mr. Atkins for the education on the process. He spoke about his initial concerns with the location and how Mr. Lear and City Manager Barlow alleviated his concerns. Mr. McIntosh verified the Board was considered an agent of the City in regards to the release of liability. Mr. Lear stated they were. City of Edgewater Page 6 Printed on 41512017 Planning and Zoning Board Meeting Minutes March 8, 2017 There being no further discussion Chairman Card closed the public hearing. A motion was made by Mr. Tyree, second by Mr. McIntosh, to approve the Conditional Use Permit to allow a medical marijuana dispensary to be located at 103 E. Boston Road with the following conditions: The property owner and dispensary operator(s) release the City of Edgewater, and its agents, officers, elected officials, and employees from injury, damages, or liability of any kind that results from any arrest or prosecution of dispensary owners, operators, employees, or clients for violation of state or federal laws in a form satisfactory to the City Manager; Operators and their employees shall prevent loitering on and around the premises; and Hours of operation shall be limited to 7:00am-10:00pm. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, and Michael Eichhorn Excused: I - Paul Wright 6. OTHER BUSINESS None at this time. 7. DISCUSSION ITEMS a. Development Services Director's Report None at this time. b. Chairman's Report None at this time. c. Agency Members' Report None at this time. E.1110 1 [$11190 There being no furhter business to discuss, the meeting was adjourned at 8: OS p. m. Minutes respectfully submitted by: Bonnie Brown, Senior Planner City of Edgewater Page 7 Printed on 41512017 City of Edgewater Legislation Text File #: VA-1702, Version: 1 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: VA-1702 - John & Kimberly Mitchum requesting a variance from Section 21-38.02(d) of the Land Development Code for property located at 3408 Unity Tree Drive. OWNER: John & Kimberly Mitchum REQUESTED ACTION: To allow a fence to be up to eight -feet (8') in height along the rear property line. LOCATION: 3408 Unity Tree Drive AREA: 80' x 125' PROPOSED USE: Privacy Fence CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-2 (Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUMDesignation Zoning District North Single Family Residence Low Density Residential R-2 (Single Family Residential) East Single Family Residence Low Density Residential R-2 (Single Family Residential) South Single Family Residence Low Density Residential R-2 (Single Family Residential) West Single Family Residence Low Density Residential -2 (Single Family Residential) Background: A single family residence was constructed on this property in 1990. The property owner is in the process of replacing the existing fence, which was damaged by Hurricane Matthew. A permit to install a six-foot (6') fence was issued on February 27, 2017; however the property owner has requested the variance to allow the portion of the fence located along the rear property line to be up to eight -feet (8') in height. The property owner has indicated that there is a drop in elevation at the rear of the property. Adjacent property owners were notified of the request on March 28, 2017. Land Use Compatibility: The installation of a fence is consistent with the residential neighborhood; however the proposed eight -foot (8') height at the rear of the property is not compatible with the neighboring area and adjacent fences. Adequate Public Facilities: N/A Comprehensive Plan Consistency: NA City of Edgewater Page 1 of 2 Printed on 4/7/2017 powered by LegistarTM File #: VA-1702, Version: 1 RECOMMENDED ACTION Motion to deny the request to allow an eight -foot fence to be located along the rear property line of 3408 Unity Tree Drive. City of Edgewater Page 2 of 2 Printed on 4/7/2017 powered by LegistarTM o� 0 °O �yo o� 15. 7 711, � O O O� N fL �O O� S St 35 EDGE WATER ®Subject Property o�. oa.:W24120„ I a,' curt s 'fU=�= Earthstar � "raphics =1• � .017Micr's'ft rpp NO it,i'n 425 Buchanan Way • South Daytona, Florida Phone: 904n67.5089 • FAX: 904/76O-6446 LEGAL DESCRIPTION: LOTS 15311, AND 15312, BLOCK 497, FLORIDA SHORES -NO 27, AS PER MAP IN MAP BOOK 19, PAGE 247, OF THE PUBLIC RECORDS 0£ VOLUSIA COUNTY, FLORIDA. I5744 157J5 00 IS3�6 ISJV'I 97 7 ao. co' s000 q0 — — (r� IS L SNP 310 Is.FIS II 1571Z PP 24' o, /�Oays C•w �.. Q EOUNo sof vo 3 Z `�— - 4 N ' r9 • 70' \ � nnF sro.E,r rvosovier 9i R.ES/ In��•� 4 � 7•EFJ8 7 I` 1A ` ,eo IY 0 So• e/(v E 9� eF Per mffi DEIMRE #3408 UNITY TREE DRIVE, EDGEWATER, FLORIDA 32141 L MMIIMwRUCMIF IAIEDDNR[CDRD wAi. f. DDAWOMI IIwNMARF WIEE1 Nw DRYWRTERt0l. L LLDKDFICRYrbX11XNw®IYCW!!. L W LDE1ff0 fCFIFM IIOWM.rrx MTROreIIB1I1 f. NEIICEMFR[MAYkIDDYXINa R(wRKTMXININJR DM[R MITIPIOwTAXf MIiXX0W11 gIMY MT L MM. 12 27CAO700 DD]ME TRMMW4RDUlSUMMIN anuRYevnuiw.runulD wTxfruwwRfmlolDeixwcauxN. F.LA. M. 12127C0700 G 120308 4-15-2002 at:Ext�Ea 1IIY- Ewa: 1.TIMOTHY HUGGINS 9 AIR WMDYIOMER W WAURE 2.KIMBERLY HUGGINS a CFMERLNE Rm wrm6mu m WNCREIE/LOCK ME OYERNEAO EEMX ME CIWMUXXRNGE IERMRIIa1TCMERMPMn CM WNMFrE MOMINEW R RAT WIF MNORM RS REMIER w MNEWAY RAY AWWWWAY Pro IROMMPE R DMw 0.W ffi E of =I'm laxts Aa I BOUNDARY //•�i NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR. ' �} /�' L L N, RDI MMI i6a �0�� rx Y[ zo DRwvnfrC'e mm HP CDuxrcwD�r mFn ip /oF CLJDE D 04 N. Riverside Drive IF City of Edgewater Edgewater, FL 321321 $ Legislation Text File #: VA-1703, Version: 1 ITEM DESCRIPTION: VA-1703 - Martin and Pamela Hunt, requesting variances from Section 21-50.02 of the Land Development Code for property located at 1321 S. Riverside Drive. OWNER: Martin and Pamela Hunt REQUESTED ACTION: To allow a 25-foot setback at the closest point in lieu of the required 50-feet from the Mean High Water Line and a front setback of 30-feet in lieu of the required 40-feet. LOCATION: 1321 S. Riverside Drive AREA:.95f acres PROPOSED USE: Single Family Residence C • • Y 8 W112i 110 XIMPM in FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-1 (Single Family Residential) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUMDesignation Zoning District North Vacant Low Density Residential R-1 (Single Family Residential) East Indian River Indian River Indian River South Single Family Residence Low Density Residential R-1 (Single Family Residential) West Single Family Residence Low Density Residential R-1 (Single Family Residential) Background: The subject property is located at the northeast corner of South Riverside Drive and Thomas Street. This is an irregular shaped waterfront parcel consisting of 41,220 square -feet total area with 20,350 square -feet of uplands. The owner is proposing to construct a 3,770 square -foot single-family residence. On October 11, 2006 a variance request was approved allowing 25-feet from the Mean High Water Line and a 30-foot front setback to construct a single family residence. The variance expired on October 11, 2008; the current property owners purchased the property on February 1, 2017 and are requesting identical variances as previously approved. Adjacent property owners were notified of the request on March 28, 2017. Land Use Compatibility: The proposed single-family residence is consistent with the existing homes along South Riverside Drive. Adequate Public Facilities: The property will have vehicular access from South Riverside Drive; City water and City of Edgewater Page 1 of 2 Printed on 4/7/2017 powered by LegistarTM File #: VA-1703, Version: 1 wastewater is available to the site. Comprehensive Plan Consistency: N/A RECOMMENDED ACTION Motion to approve the variance requests to allow a 25-foot setback at the closest point from the Mean High Water Line and a 30-foot front setback for property located at 1321 S. Riverside Drive. City of Edgewater Page 2 of 2 Printed on 4/7/2017 powered by LegistarTM o� o� � Py LNG O Nf�? TG F� MPGNGo.P'P� NO�`PPJ MPG ay �NOMpss 3,Pa m.A PJ MP��oN i. E EDGE WATER ®Subject Property o�. oa.:W24120„ L at R 0 0 , o 0 00 0 Li,+,ZI00 Z!IV O9 ZIF VCiIZl0-1=1 'HOVEIG b`N�!O WS MEIN 'DNINNVic4/Ei�!inl:DEllH:DNV IAANIS IVNV:D IZZ Ism �4 �30N�:]c4 'r C �:]ID ZIZIZIZ -1=1 '�!ialdmaIDaa aCIS�4'a/hl�!i 'S IZSI I N n H W7� $ ),., I �47W NVIc4 �4001=1 Z 171 :NOISIAaN LIOZ 'OZ HZ)N VW :'a-LVO 0 w a U O N co o- 0 Q z w w w O Lq O O N U � / O L� w /z fm LU / J cyci = O ' zg133 7/n Q3Spdp z \ / w s =O '0 Tk P�vLLI aos� a / to U / ow (Lo o6-5 (yw / (L(m L- I � N I � Q Q W p� o / LU IL O� oc w LU N nc w z O / >a OL w w lL N >-1tM -E1-E��:DN0�D �aIS��/�I� H1nOS z O < w6'ch cv OCa—C4 Lu _ O iwLU LU < LL V ujLo IZ >ovulas „O-,OI w JL n/ Z I. 3 � O wLU OD_ O OC o- Fi n no z w 37 IL LU Ca z 0 W w C] 'mVI AS a31191HONcl 91 Old '10311HOSV 1SVVN3aN3d 'r CNVS3V 40 1N39NOO N311RJm a3SS3d1dX3 3H1 lnOHllm S1N3Wn00o 333H1 40 SNOI1VOId1aOW NO 'SNOISIA36 'SN0110f1a0?1d321 J.NV "SVNImVNC 3SSH1 NO o310N 103P0?ci owo3dS 3H1 NO-J J INO c3anes1 3MV aNV Did '1O311HONV Lsvo amaci Y' oNvNaO d0 kisacioNcl 3H1 3NV S1N31NOO S13H1 aNV S1N3WnOOa 3S3H1-old '10311H0NV LSVON3CN3d Y' aavN 057 04 N. Riverside Drive IF City of Edgewater Edgewater, FL 321321 $ Legislation Text File #: CPA-1704, Version: 1 ITEM DESCRIPTION: CPA-1704 - The City of Edgewater requesting an amendment to the Future Land Use Map to change .34± acres of property located at 2129 Umbrella Tree Drive from Low Density Residential to Recreation. OWNER: Grace -Scott Properties, LLC PROPOSED USE: Neighborhood Park CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-2 (Single Family Residential) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUMDesignation ZoningDistrict North Vacant Low Density Residential R-2 (Single Family Residential) East Single -Family Residence Low Density Residential R-2 (Single Family Residential) South Single -Family Residence Low Density Residential R-2 (Single Family Residential) West Single -Family Residence Low Density Residential 11 R-2 (Single Family Residential) Background: The parcel is currently vacant. The current property owner has offered to donate the property to the City to allow for the construction of a neighborhood park. A neighborhood park is meant to serve residents within 1/4 of a mile from the park. The City will construct the park and dedicate a feature at the park, including a plaque, to the Henry family in recognition of their donation. Land Use Compatibility: The proposed park is consistent with the surrounding single-family residences. Adequate Public Facilities: The park will have access via Umbrella Tree Drive and/or 22" d Street. City water and sewer is available. Comprehensive Plan Consistency: The proposed amendment is consistent with the Recreation and Open Space Element of the Comprehensive Plan to "Provide sufficient recreational parks, facilities and open space areas to meet the needs of the community and its visitors that satisfies the health, safety and welfare of all. This includes all groups such as handicapped, elderly and pre-school age children." RECOMMENDED ACTION Motion to send a favorable recommendation to City Council to amend the Future Land Use Map by changing property City of Edgewater Page 1 of 2 Printed on 4/7/2017 powered by LegistarTM File #: CPA-1704, Version: 1 located at 2129 Umbrella Tree Drive from Low Density Residential to Recreation. City of Edgewater Page 2 of 2 Printed on 4/7/2017 powered by LegistarTM �gg�f e��E$ see LMOR No gP�-PP�'MOR =a9se R°�P�QP y� gP ageg3 Y pR S P PLM VMOR yN SPBP�QP � N o f0 0 J n m 3 ("i Y o LL aL o OR c N v EE ` v a o r uM REL O 00 a)0 oyN 6 R in a a w \ rN pR °R� QP�M 2 J\01 OR N �(RE� �pR °RPoMOR G E u F e Q °PK ORz A E ° W V? LL \ y. OR OR °LPL N gE{g OR r N o OR SPBP�pP�Mo 00 R Y m J C N A L 0 3 °y Y d0 LLB a N OR co avi m u�i 0 �� uMpR�� O RS QP�-M OR in a u � yam' R O °y QP�M Np"'It R uM arm 044 °POOR oy ovv R LN PP NON C CL Lu OR .X w MEMORANDUM OF UNDERSTANDING FOR THE DONATION OF PROPERTY LOCATED AT 2129 UMBRELLA TREE DRIVE, EDGEWATER, FLORIDA THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into this day of, , 2017, between the CITY OF EDGEWATER, a political subdivision of the State of Florida, (the CITY) and GRACE-SCOTT PROPERTIES, LLC. (OWNER), a privately owned Limited Liability Company. WHEREAS, GRACE-SCOTT PROPERTIES LLC, acknowledges they own property located at the northeast corner of Umbrella Tree Drive and 22"d Street with an address of 2129 Umbrella Tree Drive (8402-01-03-9780) and desires to donate the property to the City of Edgewater for the purposes of a neighborhood park; and WHEREAS, the City of Edgewater has determined that neighborhood parks provide benefits to the community by encouraging opportunities to increase physical fitness as well as a place to encourage neighbors to meet neighbors; and WHEREAS, neighborhood parks create opportunities of exposure to nature and greenery which makes people healthier and increases neighborhood property values. NOW THEREFORE, in consideration of the MOU, the sufficiency of which is mutually acknowledged, it is agreed: 1. CITY Obligations. a. The CITY shall complete the development of the park with twenty four (24) months from receipt of ownership of the property. b. The CITY shall appropriately zone the property prior to taking receipt of transfer from GRACE-SCOTT PROPERTIES, LLC. c. The CITY shall dedicate a feature at the park and shall affix a plaque on such feature recognizing the Henry family for their donation. d. The CITY shall provide GRACE-SCOTT PROPERTIES, LLC with a letter signed by the Mayor recognizing the donation and shall include an estimated value based on a licensed realtor's opinion of value. 2. GRACE-SCOTT PROPERTIES LLC Obligations. a. The GRACE-SCOTT PROPERTIES, LLC, shall provide a most recent survey and evidence that there are no liens against said property and shall transfer ownership to the City of Edgewater guaranteeing clear title by deed. b. GRACE-SCOTT PROPERTIES, LLC, shall pay any outstanding taxes and liens that may be associated with the donated property prior to acceptance by the CITY. c. The GRACE-SCOTT PROPERTIES, LLC, shall be permitted to assist with the design and selection of features used to develop the park. CITYOFEDGEWATER Michael Ignasiak, Mayor ATTEST: GRACE-SCOTT PROPERTIES LLC. Doug Henry, MGRM 4460 Cow Creek Road Edgewater, FL 32141 WITNESSES: 04 N. Riverside Drive IF City of Edgewater Edgewater, FL 321321 $ Legislation Text File #: RZ-1704, Version: 1 ITEM DESCRIPTION: RZ-1704 - The City of Edgewater, requesting an amendment to the Official Zoning Map to change .34± acres of land located at 2129 Umbrella Tree Drive from R-2 (Single Family Residential) to R (Recreation). OWNER: Grace -Scott Properties, LLC PROPOSED USE: Neighborhood Park CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-2 (Single Family Residential) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUMDesignation ZoningDistrict North Vacant Low Density Residential R-2 (Single Family Residential) East Single -Family Residence Low Density Residential R-2 (Single Family Residential) South Single -Family Residence Low Density Residential R-2 (Single Family Residential) West Single -Family Residence Low Density Residential 11 R-2 (Single Family Residential) Background: The parcel is currently vacant. The current property owner has offered to donate the property to the City to allow for the construction of a neighborhood park. A neighborhood park is meant to serve residents within 1/4 of a mile from the park. The City will construct the park and dedicate a feature at the park, including a plaque, to the Henry family in recognition of their donation. Adjacent property owners were notified of the proposed amendment on March 30, 2017. Staff has not received any opposition. Land Use Compatibility: The proposed park is consistent with the surrounding single-family residences. Adequate Public Facilities: The park will have access via Umbrella Tree Drive and/or 22nd Street. City water and sewer is available. Comprehensive Plan Consistency: The proposed amendment is consistent with the Recreation and Open Space Element of the Comprehensive Plan to "Provide sufficient recreational parks, facilities and open space areas to meet the needs of the community and its visitors that satisfies the health, safety and welfare of all. This includes all groups such as handicapped, elderly and pre-school age children." City of Edgewater Page 1 of 2 Printed on 4/7/2017 powered by LegistarTM File #: RZ-1704, Version: 1 RECOMMENDED ACTION Motion to send a favorable recommendation to City Council to amend the Official Zoning Map by changing property located at 2129 Umbrella Tree Drive from R-2 (Single Family Residential) to R (Recreation). City of Edgewater Page 2 of 2 Printed on 4/7/2017 powered by LegistarTM �gg�f e��E$ see MpR e�ae Mp say!. SPBP�. QPL ... . SQPyM OR 0 r r- (7) r a 0 c 2� O c U L o, 0 m \ d d O d 3 cLa ° E O ro g g °R� PP`'MpR °PKpR A 111�1111�11� E O rN ag°.�xa��a � z �oaaoo®o O N L o. �- �t MAR �3ts 3 PPS- `[Fre M O i�gg SP6 QP�,MOR S CD W T 6 LY --- Cl) C � O' o E �N do N 0 O ON �LL 0 a 00 U �' a�i d a�i to iL i na Uw EEO �R sfr Hgi sF€ 6o 3 3. 111�1111�11� --a 0 0�0�1111®11� (n 2N . X o W °�° MEMORANDUM OF UNDERSTANDING FOR THE DONATION OF PROPERTY LOCATED AT 2129 UMBRELLA TREE DRIVE, EDGEWATER, FLORIDA THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into this day of, , 2017, between the CITY OF EDGEWATER, a political subdivision of the State of Florida, (the CITY) and GRACE-SCOTT PROPERTIES, LLC. (OWNER), a privately owned Limited Liability Company. WHEREAS, GRACE-SCOTT PROPERTIES LLC, acknowledges they own property located at the northeast corner of Umbrella Tree Drive and 22"d Street with an address of 2129 Umbrella Tree Drive (8402-01-03-9780) and desires to donate the property to the City of Edgewater for the purposes of a neighborhood park; and WHEREAS, the City of Edgewater has determined that neighborhood parks provide benefits to the community by encouraging opportunities to increase physical fitness as well as a place to encourage neighbors to meet neighbors; and WHEREAS, neighborhood parks create opportunities of exposure to nature and greenery which makes people healthier and increases neighborhood property values. NOW THEREFORE, in consideration of the MOU, the sufficiency of which is mutually acknowledged, it is agreed: 1. CITY Obligations. a. The CITY shall complete the development of the park with twenty four (24) months from receipt of ownership of the property. b. The CITY shall appropriately zone the property prior to taking receipt of transfer from GRACE-SCOTT PROPERTIES, LLC. c. The CITY shall dedicate a feature at the park and shall affix a plaque on such feature recognizing the Henry family for their donation. d. The CITY shall provide GRACE-SCOTT PROPERTIES, LLC with a letter signed by the Mayor recognizing the donation and shall include an estimated value based on a licensed realtor's opinion of value. 2. GRACE-SCOTT PROPERTIES LLC Obligations. a. The GRACE-SCOTT PROPERTIES, LLC, shall provide a most recent survey and evidence that there are no liens against said property and shall transfer ownership to the City of Edgewater guaranteeing clear title by deed. b. GRACE-SCOTT PROPERTIES, LLC, shall pay any outstanding taxes and liens that may be associated with the donated property prior to acceptance by the CITY. c. The GRACE-SCOTT PROPERTIES, LLC, shall be permitted to assist with the design and selection of features used to develop the park. CITYOFEDGEWATER Michael Ignasiak, Mayor ATTEST: GRACE-SCOTT PROPERTIES LLC. Doug Henry, MGRM 4460 Cow Creek Road Edgewater, FL 32141 WITNESSES: City of Edgewater Legislation Text File #: AR-2017-2503, Version: 1 ITEM DESCRIPTION: TA-1701 - Amending the Land Development Code; Articles II, III, V and VI Background The proposed amendments to each Article include but are not limited to the following: Article II • Amend the definitions of Assisted Living Facility (ALF) and Community Residential Home (CRH); • Remove the definitions for Family Residential Home and Institutional Residential Home; and • Add definition for Finished Floor Elevation. 104 N. Riverside Drive Edgewater, FL 32132 Article III • Table III-1 include MPUD; • Table III-1 include ALF; • Sections 21-34.02 and 21-34.03 regarding Assisted Living Facilities and Community Residential Homes; • Section 21-36.02 - increasing the size of storage sheds which can be located five -feet (5') from the property line; • Section 21-36.08 - delete as it is in conflict with the Code of Ordinances; and • Amending Section 21-38.02(d) and (i) for clarification; Article V • Section 21-51 - adding additional language regarding underground utilities; • Section 21-52.02 - requiring driveways to conform to FDOT turning radius standards and adding language regarding the distance driveways must be paved; • Table V-3 - amending Nursing Homes/ALF and adding Manufactured and Mobile Homes; • Section 21-55; amending the requirement for a tree removal permit; and • Section 21-56.01 - adding a reference to Article XX, Ridgewood Avenue Corridor Overlay Article VI • Section 21-61.04 - adding a statement for measuring the height of a ground sign RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendments to Articles II, III, V and VI of the Land Development Code. City of Edgewater Page 1 of 1 Printed on 4/7/2017 powered by LegistarTM ARTICLE II DEFINITIONS AS -BUILT SURVEY means a survey which depicts the location and dimension of all structures, parking areas, stormwater management facilities and associated grades, road easements or other improvements as may be required or constructed on the parcel and includes the location and limits of the 100-year flood plain, if any. ASSISTED LIVING FACILITY (ALF) means any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator. fneafis a residential faleility, for- more than tIffee per-sens titir-elated to the owner-, wher-le shelter - Residents sh-All not. be under- in house nur-sifig/medileal ear -le. vi.i N.�� i� � • r• � ,.ear��ee�srer�er�s!rs��sr�er_sesr.�s�. Pj ■. .. • . .� �.� K . . , ,.rrrrs�ee.�::e�eseriens.��s�sr.�r�sr� -dill.. ■ A / Ill philk"41111 M W.9 P li I . . .....i�f�T�T - - • \ \Wm = i FAILVA I I \ • ► l \ \ • 1 I .asr_frees:�ferls:rr�:er.�rs�r.�srrssi�� I I AUTOMOTIVE PAINT AND BODY SHOP means an establishment for automotive bodywork including the painting, repainting, restoring of a vehicle, parts or components including engine removal or dismantling, straightening or welding of vehicle frames or body parts, or the performance of other related vehicle services. COMMUNITY RESIDENTIAL HOME means a dwelling unit licensed to serve residents who are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Families or licensed b. the for Health Care Administration which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning without approval by the local government, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents; provided that, prior to licensure, the sponsoring agency provides the local government with the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the local government in which the proposed site is to be located in order to show that no other community residential home is within a radius of 1,000 feet of the proposed home with six or fewer residents. At the time of home occupancy, the sponsoring agency must notify the local government that the home is licensed by the licensingentity. FENCE means a barrier, usually comprised of wooden or metal posts, rails or wipe meshchain link, used as a boundary marker or means of protection or confinement. FINISHED FLOOR ELEVATION means the elevation of the finished floor of the habitable space of a building. The elevation should be referenced to a standard datum, typically the North American Vertical Datum of 1988 (NAVD-88). NURSING HOME means anv facility which provides nursine services as defined in Chanter 464, Florida Statutes as may amended from time to time.means a lice se and ,-egg to f edit-, immediate family are r-eeeived, kept of pfovided with food and shelter- of eafe fef eempensafiefl3- PLANNED UNIT DEVELOPMENT (PUD) means a land area under unified control, designed and planned to be developed for residential, commercial or industrial uses in an approved Final Development Plan. Total land afea must be fifteen (c' acres or- more-. ARTICLE III PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES TABLE III-1 LAND USE AND ZONING COMPATIBILITY Future Land Use Designation Compatible Zoning Districts Low Density Transition RT, MUPUD 1.0 DU/net acre Low Density Residential R-1, R-2, R-3, RPUD, RP, RT, MUPUD 1.0 to 4.0 DU/net acre Medium Density Residential R-3, R-4, RPUD, MH-1, MH-2, MUPUD 4.1 to 8.0 DU/net acre High Density Residential R-5, RPUD, MUPUD 8.1 to 12.0 DU/net acre Commercial B-2, B-3, B-4, BPUD, MUPUD Industrial I-1, I-2, IPUD, MUPUD Recreation CN, RT, AG, R-1, R-2, R-3, R-4, R-5, RPUD, RP, MH-1, MH-2, B-2, B-3, B-4, BPUD,1-1, I-2, IPUD, P/SP, R, EC, CC, MUPUD Public/Semi-Public CN, AG, P/SP, R, MUPUD Conservation CN, P/SP, R Agriculture AG, R. MUPUD Minimum 1 DU/2.5 net acre Mixed Use RPUD, BPUD, IPUD, MUPUD, EC, CC Minimum 15 acres; to 12 DU/net acre Sustainable Community Development SCD/PUD See SCD Sub -Element of the City of Edgewater Comprehensive Plan DU = Dwelling Units ° U U UI U U u cu U U U U U U U d U U U a U U U UI U U U uU U U U U U U d U U U U U U UI U U U Cu U U U U d U U U U �7 U U U Cu U U U d U a w U U U U U d U U N U a U ..i U 0. U d �'+ d U U A 0. U U UI U U U Cu U U U U U U d U U U 0.1 U Q d d d U U U Pa 0. UI P. P. U Q P. a 0. Pa 0. a U d a• U U N d a U U U A a U UI U U U Cu U U U U U U U d U U U ce v GC GL POI 0.1 A, P. P. Q 0. N 0.1 P.I Ply n, aI CW PIS a a Q a U U z � U d0. al al Pw a P. Q 0. U P. F � � U o o It 0 c � x m '° b :R ti b v °o °o a °o Ei 04 04 041rr a 04 g� 04 44 04 04 u) cn cn ''A n F U U U U U U U U U U U U U U U U U U U U U U U U U U U U U a U a a a a P. U U U U U U U P. U P. U P. U U P. a U a a a P. U P. U U U U a U P. U P. a P. P. U a U N v c 0 VF w O a� N m TABLE III-3 FOOTNOTES The sections cited below identify special requirements for the listed land uses and are found on the following pages. In addition, many of the proposed projects must also comply with the requirements of Article IV - Natural Resource Protection, Article V - Site Design Criteria, Article VI - Signs., aiA-Article XVIII - Indian River Boulevard - S.R. 442 Corridor Design Regulations and Article XX - Ridgewood Avenue Corridor Design Regulations. 1. See Satellite Dishes, Section 21-36.04 - Dishes greater than 39 centimeters in diameter are required to obtain a building permit and otherwise conform to the site development criteria. 2. See Telecommunications, Article XII for details. 3. See Bed & Breakfast, Section 21-34.08 for details. 4. See Kennels/Boarding, Section 21-34.06 for details. 5. See Mini -Warehouses, Section 21-34.07 for details. 6. See Nursing Homes, Section 21-34.09 for details. 7. See Outdoor Storage, Section 21-34.04 and 21-36.03 for details. 8. See Community Residential Homes, Section 21-34.02 for details. 9. See Adult Living Facilities (ALF), Section 21-34.03 for details. Home.a. Limited to 6 or- less, residents and no eloser- than 1000 feet to another Family Residential 9.10. Multifamily residential is permitted in BPUD only as part of a single business/residential development plan - See Article V, Section 21-57 for details. 4011. See Salvage Yards, Section 21-34.04 for details. 44-.12. Residential Professional offices may be permitted as a conditional use in the R-2 district for certain properties abutting State Road #442. See Section 21-34.10 for details. Rev. 02/06/17 (Land Development Code III-5 Ordinance No. 2017-0-01 21-34.02— Community Residential Homes (CRH) The purpose of this Section is to establish criteria for the placement of Community Residential Homes_ as defined in F.S. 419.001 (a), and limit theif location to areas zoned for- multi family developm a. All facilities shall comply with the minimum parcel area and dimensional requirements of the zoning district in which the facility is located. b. Community Residential Homes shall be used only for the purpose of providing rehabilitative or specialized care, and may not be used for administrative or related office -type activities, other than those in support of the facility. c. No counseling or other client services for non-residents shall be permitted in a CRH. d. A CRH shall be similar in appearance to the prevailing character of the area in which the proposed site is located. Similar means within 125 percent of the average floor area, height, and/or architectural style of any other dwelling units in the adjacent area. e. On -site signage shall be a low profile sign with a maximum height of 8 feet and a maximum area of 16 square feet. I f. The prepesed CRH shall provide a minimum 4-foot (4') high fence on all property lines. g. The proposed CRH shall comply with the appropriate project design standards described in Article V. h. The proposed CRH shall comply with all appropriate Florida Fire Prevention Codes and Building Code requirements. i. The minimum dwelling unit size for each resident shall be 750 square feet. j---There shall be no more than fourteen (14) residents permitted in a structure. on a par -eel designated as Medium Density Residential or- Migh Density Residential en the Git�,'s F-tittife Land Use Map. j— k. Each CRH shall provide a responsible supervisory person on duty at all times while residents are on the premises. The minimum staffing levels required by the State, or other licensing agency, shall be maintained at all times. Rev. 02/06/17 (Land Development Code III-6 Ordinance No. 2017-0-01 1. Failure to substantially comply with all these criteria shall subject the property owner, and/or the applicant, to the enforcement provisions of Artiele XChapter 10, Cit o�gewater, Code of Ordinances. n+—A Community Residential Home shall not be located closer than 1,200 feet (1,200') to another CRH. or- closer- thanr500 feet (500') f a p3�eel0}ed-id��,-12,,or- R 3. [See Chapter- 41o 004- M. n. All distance requirements shall be measured from the nearest point of the existing CRH property line, or the zoning district described above, whichever is greater. o. Each facility shall be requifed to obtain license prior- to feeeiving a business tax Feeeipt f om the City and Volusia r ount., The City will inspect facilities for compliance with Florida Fire Prevention Codes. 21-34.03 — institutional Residential 14omes (also Fe€eirr-edto as ALF's)Adult Living Facilities (ALF) The purpose of this Section is to provide regulations to protect the adjacent property values while allowing the instir tonal hemeALF to operate. For this ^ o of thisCode, assisted living f e Cities I Via. A minimum 4 foot (4') high fence shall be provided at all times. , .b. Full time on -site management shall be provided at all times. I d-c. Minor on -site medical care may be provided at the option of the operator. + d. Each resident shall have the minimum square footage of personal living area for their use, as required by the State. Vie. Each facility shall be required to obtain an appropriate license prior to receiving a business tax receipt from the City and Volusia County. The City will inspect facilities for compliance with Florida Fire Prevention Codes. Rev. 02/06/17 (Land Development Code I1I-7 Ordinance No. 2017-0-01 21-36.02 — General Regulations Ea. No accessory structure or use shall be permitted on any lot which does not have an established principal use conforming to the requirements of this code and no accessory structure shall be permitted on any lot which does not have a permitted principal or primary structure. fib. All accessory uses, buildings and structures shall be located on the same lot as the principle or permitted use. e c_No accessory use, building or structure shall exceed the height limit shown in that district and shall not exceed the height of the peak of the majority of the roof height of the principle or primary structure in residentially zoned areas. fld. Accessory buildings shall not be rented or otherwise used as a dwelling unit. I ge. No accessory structure may be located within a public right-of-way or public easement. I trf All accessory structures are required to obtain a building permit. I i-.g_No accessory structure may be located in any front yard in any zoning district. j-.h_Accessory buildings shall conform to the setback requirements described in Table V-1 and shall not cause an excess of the maximum building coverage and/or maximum impervious coverage as established for the respective zoning district. k-.i_No accessory building may be located within any required parking area, landscape area or stormwater facility area. j.Accessory buildings shall be limited to 2 per parcel. and the kk. The total square feet of all accessory buildings and/or storage sheds shall not exceed seventy percent (70%) of the total square feet of the principle or primary structure in residentially zoned areas. fn-.L Storage sheds of 140-200 sq. ft. or less and not utilized as a garage may be located five (5') feet from rear and side property lines. Frm. All accessory uses, buildings and structures located in residentially zoned areas exceeding 350 sq. ft. and located on a parcel of less than five (5) acres shall be consistent with the primary structure in architectural design, roofline and color. Rev. 02/06/17 (Land Development Code III-8 Ordinance No. 2017-0-01 21-36.03 — Outdoor Storage and Display: Commercial/Industrial The purpose of this Section is to provide regulations for the location of outdoor storage and display facilities where such storage is an accessory use and a part of normal operations on the premises. a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain commercial and industrial districts as indicated in Table III-3. Such outdoor storage or display shall not be located adjacent to any residential district or use unless such storage or display is screened from the view of the neighboring residential district or use. b. No outdoor storage may be located in any required front yard, parking areas, fire zones, loading areas or access lanes. c. All outdoor storage areas shall be screened from view by a six foot (6') high stockade fence, vinyl fence or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic entering or leaving the site. Existing sites with a chain link fence may be enclosed with slatting. New sites shall require stockade fencing, vinyl fencing or masonry wall. 21-38.02 — General Requirements The following regulations shall apply to the erection of fences, walls and hedges. a. All fencing materials must comply with the definition in Article IL- and shall be consistent with or similar to other fencing in the vicinity. b. All fences shall comply with the provisions of the applicable building codes and are required to obtain a building permit. Rev. 02/06/17 (Land Development Code III-9 Ordinance No. 2017-0-01 c. Fences may be located in all front, side and rear yard setback areas and directly on property lines, provided that if a fence encroaches into a utility access easement or right-of-way, the City shall not be responsible. d. The maximum allowable height of all fences located between the front property line and the primary building frontage line of residential properties in the 4efit yard sethaeks and river front lots of residential property not subject to site plan review shall be four feet (4'). Fences located in these areas must be non -opaque (50% visibility). The maximum allowable height of all other fences in residential areas shall be six feet (6') including side corner yards and meet the site triangle requirements. Six (6') foot fences on side corner lots shall be setback ten feet (10') from the property line. In commercial and industrial areas no fence shall exceed ten feet (10') feet in height unless otherwise approved as part of a development plan and meet the site triangle requirements. The filling or berming of property solely for the purpose of creating a barrier that exceeds the height requirements contained herein is prohibited. Concrete block walls shall be constructed with appropriate reinforcement as determined by the Building Official. Block walls shall be stucco and painted to compliment the surrounding character of the area. f. All fences shall be erected with the finished side facing outward or away from the enclosed screened area. The "good -side" (side without posts) of fence shall be facing public view. g. Approval to exceed maximum height limitations may be granted by the Development Services Director/Planning Director subject to either of the following: 1. The enclosed or screened area is sufficiently lower than adjoining lands to render a fence of the maximum allowable height inadequate for its intended purpose. 2. The area to be enclosed or screened contains a nuisance or a hazard that cannot adequately be encompassed or obscured by a fence of the maximum allowable height. h. Fences with barbed wire shall be prohibited in conjunction with residential development. In nonresidential development, up to three (3) strands of barbed wire may be installed at the top of a fence. For regulatory purposes, barbed wire shall not be included in the measurement of the fence height. In no case shall barbed wire be allowed to overhang or extend outside of the property lines of the site on which the fence is installed, nor shall any barbed wire be installed at a height of less than six -feet (6') with the exception of agriculturally zoned property. i. Electric or electrified fences and/or any fencing containing chicken wire shall be prohibited except in agriculturally zoned districts for the containment of livestock. j. Customary fencing around public recreational amenities shall be exempt from height restrictions. Rev. 02/06/17 (Land Development Code III-10 Ordinance No. 2017-0-01 k. Opaque fencing shall not be permitted on lots fronting on large lakes, rivers, golf courses or other common areas deemed as an aesthetic amenity. 1. Fences shall conform to the "site -triangle" requirements as set forth below: 21-38.03 — Site Triangle Requirements a. Nothing shall be erected, planted or placed in a manner as to materially impede vision between a height of two and one-half feet (2 '/z') to ten feet (10') above the intersecting street right-of-way lines. The site triangle shall be measured €itwenty five feet (W25') in each direction from the intersecting right-of-way lines. These regulations may also apply in commercial ingress and egress driveway areas if the TRC determines that a safety hazard may exist. (See Site Triangle Diagram on the following page) Rev. 02/06/17 (Land Development Code III-11 Ordinance No. 2017-0-01 Rev. 02/06/17 (Land Development Code III-12 Ordinance No. 2017-0-01 ARTICLE V SITE DESIGN CRITERIA SECTION 21-51 - UTILITIES 21-51.01 - Comprehensive Plan Reference The provisions of Section 21-51 - Utilities are consistent with and implement the Comprehensive Plan contained in the Future Land Use Element and Utilities Element. 21-51.02 - General Requirements a. All development shall comply with the appropriate sections of Article XI (Concurrency Management System). b. All new development shall connect to the City's water and sewer system. New ,..,,,' age plants ray,... ,. site tfe 4, ent systems (sort:,, tanks) o ,.,,hibitoa Temporary package plants may be permitted if City -owned water and sewer collection and distribution system improvements are planned. c. All new development shall be required to connect to the reclaimed water system, if available. Drylines may be required for future reclaimed water system service. d. All groundwater used in water -to -air heating and air conditioning systems must be directed to landscape irrigation systems, groundwater injection or exfiltration systems. e. All development shall comply with the current SJRWMD water conservation requirements. f. All development shall pay the adopted City and County impact and development fees. g. All multifamily, commercial and industrial development shall be required to install backflow preventers. h. All multifamily, commercial and industrial development shall be required to locate and install fire protection appliances pursuant to the criteria established in Article XVI. i. The developer shall obtain approved plans from appropriate electrical utility provider for street light design. All new developments shall be required to create a streetlight assessment district to fund installation and operation/maintenance expenses. The streetlight district will be under the control of the homeowner's association. Streetlights shall be generally provided at all intersections and at intervals of no more than 300 feet apart along each street. j. All utility *,.,,,,sr, issi ,,, lines including wastewater, potable water, reclaim water, gas, electrical power, telephone, television, telecommunications, video, intemet, broadband and similar services (collectively used herein as "utility facilities" din a -new residential developments subdivision -shall be installed underground. k. All utility facilities for new non-residential developments shall be placed underground from the property line to the structure. 1. Substantial improvements, additions or renovations to structures on non-residential properties that exceed 50 percent of the structure's assessed value and require upgraded or relocated utili . facility service shall relocate existing overhead utility facility service to an underground service. in. Existing overhead electrical service lines shall be relocated underground for any electrical service upgrades equal to or exceeding 250 amps for non-residential properties. n. Non-residential developments may be exempt from placing all or a portion of utility services underground if such initiative will require the addition of utilitYpoles outside of the property line. The Technical Review Committee (TRC) shall make the final determination. 21-52.02 - Access/Driveways a. Prior to issuance of a building permit, all parcels, lots or new development shall have access to an improved public road or private road. b. Driveway access to any corner lot located on a local street (City maintained) shall be located or relocated a minimum of forty feet (40') from the intersection of right-of-way lines of other local streets and a minimum of one hundred feet (100') from the intersection of right-of-way lines on all other functionally classified streets. c. ' eolleetor foadways (Park Avenue, Aifpafk Road, Old Mission Read, RebeAs Road-, New driveway connections on arterial and collector roads shall adhere to FDOT access management standards in Section 14-97 Florida Administrative Code. Driveways shall conform to current FDOT turning radius standards. d. The City shall have the authority to require the creation, use and maintenance of common, joint -use driveways or other common ingress/egress facilities which provide access to two (2) or more lots, parcels or developments, when such joint use driveways are needed to protect, maintain or improve public traffic safety (see 21-57.04). Creation of joint use driveways shall be by recorded legal agreement provided that in all cases the agreement must: 1. Hold the City harmless from any and all claims or potential liability; and 2. Be recorded in the public records of Volusia County, Florida prior to issuance of a building permit; and 3. Must run with the lands involved and be binding on the parties to agreement, their successors or assigns. e. Adjacent (same side of the roadway) single family and duplex residential driveways shall be paved with materials approved by the City including the apron and separated by a minimum of ten feet (10') as measured driveway edge to driveway edge. No driveway shall be closer than five feet (5') to any lot line or encroach into any side or rear easement. At a minimum, access driveways to vacant lots shall be paved in the right-of-way from existing pavement to the lot line. f. Adjacent nonresidential driveways shall be separated by a minimum of forty feet (40') as measured driveway edge to driveway edge, unless there is a recorded joint access agreement. g. To the extent reasonably possible, driveway access to nonresidential land uses shall line up with driveways across the street. h. All non-residential parcels shall be limited to one access point per street. i. Non-residential land uses or developments (including parking lots) shall not connect to, have access to or primarily use any local residential street, unless: 1. No other site access (including joint use driveways with other parcels) is possible. 2. All traffic, site, and environmental conditions of the subject site, street, and neighborhood are, or will be suitable and compatible to accommodate the anticipated traffic, environmental and aesthetic impacts of the proposed nonresidential use or development without significant adverse impacts to neighborhood and the City as a whole. The site evaluation/traffic analysis report shall be submitted by the project applicant for the City's review and approval. j. The City may require dedication of access rights to the City to control future ingress and egress. k. Driveways shall have a minimum width of nine feet (9') for access way serving residential uses, a minimum width of twenty feet (20') for double access ways and twelve feet (12') for single access ways serving multi -family or non-residential areas. 1. The City shall have the authority to require the reduction of the number of or width of existing driveways for any modifications to an existing structure, parking area or current property uses. m. Driveways for single-family residential properties equal to or greater than one (1) acre shall be paved from the access point to the minimum front yard setback for the property's respective zoning district. n. Driveways for single-family residential and two-family residential properties less that one (1) acre shall be paved from the access point and extend into an enclosed area such as a garage or carport. In the absence of a garage or carport, the driveway shall be paved from the access point and extend to the primary building frontage line. no. All construction shall comply with the City's Standard Construction Details. 21-53.04 - General Design Standards a. In general, the latest revision of the U.S. Department of Agriculture, Soil Conservation Service's Technical Release No. 55 entitled A Urban Hydrology for Small Watersheds shall be used in the stormwater designs described herein. However, the City Engineer may authorize the use of alternative methodology if similar results are produced. b. Three (3) copies of the stormwater calculations prepared by a licensed professional engineer shall be submitted for all proposed development permits not requiring a SJRWMD permit. c. Innovative approaches to stormwater management shall be encouraged and the concurrent control of erosion, sedimentation and flooding shall be mandatory. Best Management Practices (BMPs) shall be used in controlling stormwater runoff prior to discharge to the City's MS4 or waters of the United States. d. On -site pollution abatement shall be provided for no less than one -half -inch runoff depth over the entire project area. e. Pollution abatement shall be provided through retention where the project soils allow the process to occur. If one hundred percent (100%) of the retention volume is not capable of evacuation within seventy-two (72) hours through percolation and evapo-transpiration, detention with filtration shall be used. A minimum factor of safety of 2.0 shall be used for all drawdown calculations. f. Other alternative methods, such as wet detention with controlled bleed down, are acceptable at the discretion of the City Engineer, provided a permit from the SJRWMD is obtained. g. All project areas greater than one quarter (1/4) acre shall also calculate the retention volume based upon the runoff generated from the first one inch (1 ") of rainfall and be calculated as the total percentage of impervious surface, including pond surface area, multiplied by one inch of rainfall. If the runoff depth does not exceed one half -inch, one-half inch shall be used as the runoff value. h. The use of filtration systems is not permitted. If no other stormwater treatment method is available, the TRC may approve the use of filtration systems (underdrain or exfiltration) and shall require a minimum of two (2) soil borings that detail soil profile, seasonal high water table and any pertinent percolation rates at the filter site location by a certified geotechnical engineer registered in the State of Florida. i. All projects that qualify for SH? D— Environmental Resource Permits and/or Surface Water Management Permits issued through SJRWMD, FDEP, or other State or Federal agencies pant to ter-40C 42,FAC.shall provide copies of the permit application and calculations to the Development Services Department as part of the site review process. Final r'i��tapproval of required State and Federal permits shall be granted prior to issuance of Development Order or any construction permits. All projects that qualify for a FDEP - NPDES Permit pursuant to Chapter 62-621, F.A.C. shall provide copies of the Notice of Intent and all attachments to the Development Services Department as pai4 of the site review pfeeessprior to issuance of any building permit. Two (2) copies of the Erosion & Sediment Control Plan shall also be submitted. k. The post -development discharge rate and volumes shall not exceed the pre -development rates in a 100 year/3 day storm event for land -locked basins and 25 year/24 hour storm event for a positive outfall basin. 1. All rainfall amounts shall be interpolated from the hydrograph contour in the latest version of TR- 55 for the particular area of the City. in. The peak discharge rate from a developed or redeveloped site shall not exceed the peak discharge rate prior to development or redevelopment. n. No site alteration shall cause siltation of wetlands, pollution of downstream wetlands, reduce the natural retention or filtering capabilities of wetlands. o. No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitoes. p. All stormwater design shall be consistent with the City's Standard Construction Details. 21-53.41 - Enforcement Whenever the code enforcement officer or City Engineer finds any work being performed in a manner either in violation to the provisions of the code or unsafe or in conflicting with permitted work, the code enforcement officer or City Engineer is authorized to issue a stop work order. The stop work order shall be in writing and posted on the property. Upon postingthe he stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and conditions under which the cited work will be permitted to resume. AnYperson who continues work after the property has been posted, except such work as that person is directed to perform to remove or secure a violation or unsafe condition, shall be unlawful and constitutes a civil penalty as outlined in Chapter 1, of the City of Edgewater Code of Ordinances. In addition to the code enforcement remedies described in Chapter 10 of the City of Edgewater Code of Ordinances, the City Engineer or the City Manager (or his designee) is authorized to issue a written notice to the applicant specifying the nature and location of the alleged noncompliance with a description to bring into compliance within a reasonable specified time. MKI TABLE V-3 USE INTENSITY CLASSIFICATION Class I Class II Class III Class IV Class V Class VI Single Townhouses Day Care - Restaurant Places of Family Children or Assembly Adults Duplex Community Manufactured Bars, Lodges Outdoor Outdoor Storage Residential Home Recreation Homes Subdivisions Multifamily Multifamily Professional Schools - Public Warehouse & Body Shops Dwellings Dwellings Offices Private No spec. Distribution Auto less than 4 Service/Repair units Machine Shops institutional Automobile Sales I-1 Uses Not 1-2 Uses Not Residential Homes Specified Specified Nursing Nur-sin Retail - Not BPUD uses not IPUD uses not Homes/ALF's LF's Specified specified specified Bed & Personal Service Indoor Recreation Breakfast Establishments Manufactured Places of Hotels & Motels / Mobile Worship Homes RPUP Medical, Dental Shopping Centers & Veterinary Clinics Theaters Mini -warehouse B-3 & B-4 Uses Not Specified Marinas/Fish Camps 21-55.02 - Tree Removal Permit a. Standard Permits: A tree removal permit shall be required for speeiffefrtrees of six inches (6") DBH (diameter at breast height measured 4 '/2 feet from base of tree) or larger on all property within the City limits. Trees shall be defined by Section 21-20.02. Trees to be removed in this category will be required to be replaced if there is -are an insufficient number of trees left on the lot. SECTION 21-56 PARKING AND LOADING REQUIREMENTS 21-56.01 - Comprehensive Plan Reference Chapter 163.3202, F.S. requires adoption of land development regulations to include safe and convenient off-street parking and loading provisions. The provisions of Section 21-57 - Parking and Loading Requirements are consistent with and implement the Comprehensive Plan contained in the Future Land Use Element and Utilities Element. Properties located in the Indian River Boulevard-S.R. 442 Corridor Overlay and Ridgewood Avenue Corridor Overlay are also subject to the regulations contained in Article XVIII and Article XX respectively for parking and loading design layout. ARTICLE VI SIGN REGULATIONS 21-61.04 - Ground Signs a. Ground signs shall be limited to two (2) square feet of signage per one (1) linear foot of addressed building frontage and shall not exceed sixty (60) square feet, except as provided in Section 21-61.07. b. Ground signs shall be a maximum of ten feet (10') high and shall be located in an approved landscaped buffer area. Ground signs shall not impede traffic visibility as outlined in Article III, "Site Triangle Requirements". b c. The height of a ground sign shall be measured from the crown of the adjacent roadway. Ed. Except for shopping centers as described in Section 21-61.07, there shall be only one (1) ground sign per parcel. No ground sign shall be located closer than fifty feet (50') from any existing ground sign. d-e. The sign area shall be calculated to include the outside edge of the sign cabinet or frame. L-7f. Ground signs shall only be used to advertise a business on the same site. SECTION 21-64 - NON -CONFORMING SIGNS Any existing sign that is in violation of this Article at the effective date of this Chapter shall be deemed a legal non -conforming sign. Such signs may be continued subject to the conditions described below. 21-64.01 - Amortization a. No non -conforming sign shall be altered, moved or repaired in any way except in full compliance with the terms of this Article. This provision shall not apply to the changing of temporary copy of changeable copy signs or to repairs necessary to maintain the structural integrity or safety of a sign so long as such repairs do not exceed fifty-one percent (51%) of the replacement cost of such sign. b. All non -conforming signs shall be maintained in good repair, subject to the conditions above. c. Failure to remove non -conforming signs may subject the sign owner to the code ewe enforcement provisions of Af iele- Chapter 10, Cityogewater Code of Ordinances. In this regard, a sign owner may enter into a sign agreement as described in Section 21-65. 21-64.02 - Removal a. An obsolete or deteriorated sign shall be removed by the owner, agent or person having beneficial use of the premises on which sign is located and shall be removed within thirty (30) days of written notification by the Code Copaphanee Enforcement Department. b. Upon failure to comply with such notice, the Code EnforcementEenplianee Department shall cause the sign to be removed at the owner's expense, including any interest that may have accrued. c. Failure to pay such costs within thirty (30) days of the written notification of the removal costs shall create a lien against the sign owner in favor of the City. SECTION 21-65 - SIGN AGREEMENTS The purpose of this Section is to provide a process and criteria by which the City can bring illegal and/or non -conforming signs into compliance without adjudication by the Code Enforcement Board or the court system.